- (1.) Leave granted.
(2.) We have heard learned Counsel on both sides.
(3.) This appeal by special leave arises from the appellate order of the National Counsel Disputes Redressal Commission, New Delhi dated 17-1-1996 made in F.A. No.317 of 1993 which in turn reversed the order of the State Forum Commission, Madras in O.P. No.364/93 dated June 9, 1993. The admitted facts are that the respondent-plaintiff manufacturer appears to have an agreement with a German buyer for summer season, 1990 and consigned certain goods with documents sent in a cover on May 25, 1990 containing (1) Invoice No.32; (2) packaging list; (3) Original Export Certificate and certificate of origin No.T/WG/001316 dated 24-5-90; and (4) Original GST Form A No.E1.It would appear that the cover did not reach the destination. Consequently, though the duplicate copies were subsequently sent by the date of receipt of the consignment the season was over. Resultantly, the consignee agreed to pay only DM 35,0000/- instead of invoice value DM 56,469.63. As a result, the appellant laid the complaint before the State Commission for the difference to the loss incurred by the respondent in DM 21,469.63 equivalent to Rs.4,29,392.60 which has ordered. The respondent carried the matter in appeal. The National Commission in the impugned order held that since the liability was only of an extent of US$100 as per the receipt, the appellant is entitled for deficiency of service only to that extent which is equivalent to Rs.3,515/- with interest at 18% from May 25, 1990 till date of realisation the cost. Thus, this appeal by special leave.;